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You might be interested to know that TransUnion has recently won a decision regarding what must be disclosed to consumers in their credit reports. ( )

Apparently TransUnion was recently sued by two individuals that thought they failed to disclose the entire account history, even though the FCRA requires TransUnion to know the information being omitted. They appear to have won the initial lawsuit, but the case was dismissed in a summary judgment on appeals.

The case brings into question the practice of providing credit reports without including the delinquency or anticipated purge date. Indirectly it also calls into question the issue of purging positive credit entries, though this isn't actually address in the lawsuit.

I happen to sympathize with this suit. The delinquency and purge dates are very important items. The appeals court disagrees because of two essential points: 1) The information was not being disclosed to any creditor or 3rd party; and 2) Subsequent FCRA language (and FTC commentary) explicitly details the type of information to be disclosed.

The problem with this conclusion is the mistaken belief that by hiding this date from direct publication, that the information is not being disclosed. In fact it is. The information is obviously used when generating a credit score, as the age of a delinquency is obviously a factor in your score. Obfuscation of information is not the same thing as non-disclosure. Therefore disclosing this information indirectly through a scoring system shows that the arguments used by the Appeals Court to be fallacious and the conclusion is simply wrong.

- Joel
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